Drouet v. Superior Court

In Drouet v. Superior Court (2003) 31 Cal.4th 583, a landlord sought to withdraw a rental property pursuant to the Ellis Act. When the tenants refused to vacate the premises, the landlord brought an unlawful detainer action. As a defense, the tenants claimed that the landlord was engaged in a retaliatory eviction in violation of Civil Code section 1942.5. (Drouet, at p. 587.) Civil Code section 1942.5, subdivision (a) provides: "If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services . . . ." Relying on the same language of section 7060.1, subdivision (d) that plaintiff relies on in the present case, the tenants argued that nothing in the Ellis Act "superseded" Civil Code section 1942.5. Our Supreme Court agreed. (Drouet, at p. 593.) But the court also stated: "It does not follow, however, that Civil Code section 1942.5 should be read to supersede the Ellis Act. When the Legislature provides that one law does not supersede another, the two are to be construed together." (Drouet, at p. 593.) Relying on subdivisions (d) and (e) of Civil Code section 1942.5, the court concluded that "a landlord's bona fide intent to withdraw the property from the rental market under the Ellis Act will defeat the statutory defense of retaliatory eviction." (Drouet, at p. 588.)